Legal Question in Consumer Law in Wisconsin

gun transfer

I took in a used gun that needed work ( I'm a gunsmith) the gun was given to the wrong guy. I offered to pay him the full retail price of the gun ( it was worth $100.00) I offered him $200.00. He will not take it.what can he do legally to me?


Asked on 6/26/09, 5:59 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Gun Given to Wrong Customer of Gunsmith

If you are unable to settle with your unhappy customer, he can certainly sue you. His damages awarded against you would probably be limited to the value of the gun which could be proven in court. However, it is possible that the judge could consider "sentimental value" if any (such as for a family heirloom)in setting the value. Winning parties in nearly any court case also get reimbursement for certain court costs. However, if a defendant makes a proper statutory offer of settlement and the final judgment is less than the offer, the court costs can be waived. Of course, any transfer of firearms is subject to both criminal and civil liability if the recipient is disqualified from owning a weapon by law. These may include all convicted felons, all persons who have been subject to mental commitment, and all persons who have had a domestic abuse restraining order granted against them, as well as other disqualifying personal histories. Hopefully, when you say that you gave the gun to the "wrong person" you are not referring to anyone in one of these categories. If so, you could be charged with a felony for being an accomplice to any crime which that person may commit with the gun, which can, of course, lead to prison time for you. My comments here are not intended as legal advice to you unless you subsequently retain me and revisit this issue with me afterwards.

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Answered on 6/29/09, 8:30 am


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